By-law 40

Number:
40

Name:
Respecting the Regulations and Controls of the Removal and Movement of Topsoil and Earth and the Alteration of the Grade of the Land

1976 SECOND AUGUST SESSION - BY-LAW NO. 40

BE IT RESOLVED that the following be and the same is hereby adopted and enacted as a By-Law of Halifax County Municipality when and if the same has received the approval of the Minister of Municipal Affairs, and that the Municipal Clerk be and he is hereby instructed to forward the same to the Minister and request his approval hereof.

A BY-LAW RESPECTING THE REGULATIONS AND CONTROLS OF THE REMOVAL AND MOVEMENT OF TOPSOIL AND EARTH AND THE ALTERATION OF THE GRADE OF THE LAND

1. (1) This By-Law shall be known as and may be cited as the "Topsoil By- Law".

(2) This By-Law shall apply to the following districts of the Municipality: 1, 2, 3, 6, 7, 8, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, and the Lawrencetown Plan Area as approved by the Minister of Municipal Affairs on November 29, 1990, and the communities of Three Fathom Harbour and Seaforth, as described in Schedule "A" of this By- law and as generally shown on Map 1 accompanying Schedule "A" and that portion of District 9 known as the community of Porters lake as is more particularly identified in Schedule "B" attached hereto. (Passed March 20, 1991; Approved July 10, 1991) (Passed April 19, 1994; Approved May 18, 1994) (Passed March 21, 1995; Approved May 25, 1995)

2. In This By-Law unless the context otherwise requires:

(a) "clerk" means the Clerk of the Municipality;

(b) "engineer" means the Engineer of the Municipality;

(c) "environment" means the air, land and water or combination or part thereof within the jurisdiction of the Province of Nova Scotia;

(d) "Municipality" means Halifax County Municipality;

(e) "remove" or "removal" includes "move" or "movement";

(f) "topsoil" means any soil found above bedrock and the vegetation including trees, growing therein.

3. No person shall in the districts of the Municipality to which this By-Law applies, commence to remove any topsoil from its natural location or alter the grade of any land by so doing or otherwise without first obtaining from the engineer a permit therefor.

4. The applicant for a permit under this By-Law shall state in his application:

(a) the name, occupation and address of the applicant;

(b) the name and address of the land owner if other than the operator;

(c) a copy of any agreement made between the land owner and the operator;

(d) the purpose of the proposed removal of topsoil or alteration of the grade of the land;

(e) plans and/or the most recent aerial photography showing:

(i) surrounding land use

(ii) proximity of site to all watercourses which may be affected by the proposed operation

(iii) the total extent of the proposed operation indicating its sub- areas which will be worked during the first and each subsequent season;

(f) the depth to which it is proposed to remove the topsoil;

(g) the extent of the alteration of the grade of land to be carried out;

(h) the configuration and location of the facilities, including berms, ditches, filters, settling ponds, designed to prevent erosion and/or control and treat surface runoff containing eroded material;

(i) the configuration and location of all material stockpiles including any materials to be used for site rehabilitation;

(n) the date at which it is proposed to commence the removal of topsoil or alteration of the grade of land and the probable duration of the operation;

(o) the contractor engaged in the work, if any;

(p) such other information as the engineer may require to determine whether the permit shall be granted.

5. (1) The engineer may issue a permit to the applicant and may impose such terms and conditions as to the period during which such permit shall be in effect, which shall not exceed one year from the date of the issue thereof, methods of removal of topsoil and alteration of the grade of land, period during which operations may be carried on, protective measures to be taken to prevent erosion and pollution and such other matters as he deems necessary for the protection of the environment. Particular consideration shall be given to the following:

(a) land clearing and stripping of vegetation shall be limited to the area designated for exploitation during that season;

(b) site rehabilitation shall be carried out on a progressive basis each season;

(c) prior to revegetation the operator shall submit representative soil samples to a qualified agency for the purpose of determining suitable types of vegetation which will provide a permanent vegetative cover;

(d) final slopes of the mined area shall not be greater than 1 1/2 horizontal to 1 vertical;

(e) for the purpose of supporting a healthy vegetative cover, a minimum depth of 12 inches of soil shall either be maintained or replaced over bedrock encountered during the mining operation;

(f) all liquid effluent including surface runoff shall be controlled and directed to a treatment system and the final effluent from the treatment system shall have an arithmetic monthly average suspended solids concentration not exceeding 25 mg/1 with a minimum acceptable concentration in any one sample of 50 mg/1;

(g) final effluents shall be sampled and analyzed on a weekly basis at the expense of the operator and all analyses shall be performed by a qualified agency or organization; copies of the results of the analyses shall be submitted to the engineer on a monthly basis;

(h) the engineer or any one acting under his authority may sample final effluents from time to time;

(i) all waste oils shall be collected in steel drums and removed from the site for disposal at an approved location or by a person or company engaged in the business of collection and disposal of used and waste oils.

(2) The engineer may, before issuing a permit, refer the application therefore to the Public Works Committee of the Municipality, with a report and a recommendation and the Committee shall consider the same and in accordance with this Section may direct the engineer to alter the terms and conditions of the permit. The engineer shall thereupon obey the direction of such Committee and the permit shall be issued subject to the terms and conditions imposed by the Committee.

(3) The fee for such permit shall be five dollars ($5.00).

6. (1) If the applicant is aggrieved by the terms and conditions so imposed, he may appeal to the Council from such terms and conditions by notice in writing filed with the clerk stating the grounds upon which he appeals and a copy of such notice shall be delivered by the clerk to the engineer.

(2) The Council shall hear such appeal at a time and place to be decided by the clerk and may grant the application upon such terms and conditions as are considered proper for the effective carrying out of the purposes of this By-Law, and the failure to comply with such terms and conditions imposed by the Council shall constitute a violation of this By- Law.

7. (1) Every applicant for a permit may be required by the engineer to file with the Municipality a bond not less than Five Hundred Dollars ($500.00) for each acre of disturbed land in sufficient amount to guarantee the performance by the applicant of the terms and conditions contained in the permit and the completion of the work described in the permit.

(2) If the engineer is satisfied that any holder of a permit under this By- Law has failed to comply with the terms and conditions of the permit, he may suspend the permit and shall report his action to the Public Works Committee and the Public Works Committee shall report thereon to the Council and the Council may continue to terminate the suspension or revoke the permit.

(3) The engineer shall not issue a permit to any person whose permit has been suspended or revoked until the reasons for the suspension or revocation have been remedied.

8. (1) This By-Law shall not apply to a lot of land less than one acre in area.

(2) This By-Law shall not apply to the removal of topsoil or the alteration of the grade of land where

(a) for the purposes of residential construction upon an individual lot;

(b) for bona fide agricultural purposes;

(c) for bona fide forest management and use purposes.

9. Every person who violates any of the provisions of this By-Law or who fails to comply with the terms and conditions of any permit issued under the authority of this By-Law shall be liable on conviction to a penalty not exceeding Two Hundred and Fifty Dollars ($250.00) and in default of payment thereof to imprisonment for a period not exceeding thirty (30) days.

10. Notwithstanding any other provision hereof, this By-law shall not apply to the removal of topsoil from any land by any person in circumstances where:

(1) prior to commencement of such removal of topsoil, the person and Halifax County Municipality have entered into a development agreement, the terms of which provide for measures to be taken for controlling erosion and sedimentation on and from the land as a result of the removal of topsoil and the alteration thereby of the grade of the land;

(2) prior to commencement of the removal of the topsoil, all conditions of the development agreement relating to the commencement of topsoil removal or grade alterations have been satisfied and the engineer has notified such person in writing that compliance with the provisions of this By- law will be waived if the removal of any topsoil from its natural location on the land or the alteration thereby of the grade of the land is done in accordance with the provisions of the development agreement; and

(3) the removal of the topsoil and the alteration thereby of the grade of the land is done in accordance with the provisions of the development agreement and any plans approved pursuant thereto (Passed May 16, 1995; Approved June 13, 1995).

THIS IS TO CERTIFY that the By-Law of which the foregoing is a true copy was duly passed at a duly called meeting of the Municipal Council of Halifax County Municipality duly held on the 17th day of August A.D. 1976.

GIVEN under the hand of the Municipal Clerk and under the corporate seal of the said Municipality this 20th day of August A.D. 1976.

H.G. Bensted (sgd.)
Municipal Clerk

DEPARTMENT OF MUNICIPAL AFFAIRS Recommended for approval of the Minister